Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 457

In this Chapter—

"AFM fatigue management system", for an operator of a fatigue-regulated heavy vehicle, means the operator's management system for ensuring compliance with the AFM standards and business rules, including by—

        (a)     recording the name, current driver licence number and contact details of each driver who is currently operating under the operator's AFM accreditation; and

        (b)     ensuring each of the drivers is in a fit state—

              (i)     to safely perform required duties; and

              (ii)     to meet any specified medical requirements; and

        (c)     ensuring each of the drivers—

              (i)     has been inducted into the system; and

              (ii)     has been informed of the AFM hours applying under the operator's AFM accreditation; and

        (d)     ensuring anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers—

              (i)     has been inducted into the system; and

              (ii)     has been informed of the AFM hours applying under the operator's AFM accreditation.

"AFM standards and business rules" means the standards and business rules for advanced fatigue management approved by the responsible Ministers.

Note —

A copy of the AFM standards and business rules is published on the Regulator's website.

"approved", by the responsible Ministers, means approved by the responsible Ministers under section 654.

"approved auditor" means an auditor of a class approved by the responsible Ministers.

Note —

Details of the approved classes are published on the Regulator's website.

"BFM fatigue management system", for an operator of a fatigue-regulated heavy vehicle, means the operator's management system for ensuring compliance with the BFM standards and business rules, including by—

        (a)     recording the name, current driver licence number and contact details of each driver who is currently operating under the operator's BFM accreditation; and

        (b)     ensuring each of the drivers is in a fit state—

              (i)     to safely perform required duties; and

              (ii)     to meet any specified medical requirements; and

        (c)"     ensuring each of the drivers—"

              (i)     has been inducted into the system; and

              (ii)     has been informed of the BFM hours; and

        (d)     ensuring anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers—

              (i)     has been inducted into the system; and

              (ii)     has been informed of the BFM hours.

"BFM standards and business rules "means the standards and business rules for basic fatigue management approved by the responsible Ministers.

Note —

A copy of the BFM standards and business rules is published on the Regulator's website.

"maintenance management standards and business rules" means the standards and business rules for heavy vehicle maintenance management approved by the responsible Ministers.

Note —

A copy of the maintenance management standards and business rules is published on the Regulator's website.

"maintenance management system", for an operator of a heavy vehicle, means the operator's management system for ensuring compliance with the maintenance management standards and business rules, including by—

        (a)     identifying each heavy vehicle currently being operated in accordance with the management system; and

        (b)     for each heavy vehicle being operated in accordance with the management system, having measures for the following—

              (i)     daily checks of the condition of the vehicle, and its components and equipment, for each day on which the vehicle is driven on a road;

              (ii)     recording and reporting vehicle faults;

              (iii)     identifying, assessing and rectifying all identified faults;

              (iv)     periodic maintenance of the vehicle; and

        (c)     keeping records relating to the operation of the management system.

"mass management standards and business rules" means the standards and business rules for heavy vehicle mass management approved by the responsible Ministers.

Note —

A copy of the mass management standards and business rules is published on the Regulator's website.

"mass management system", for an operator of a heavy vehicle, means the operator's management system for ensuring compliance with the mass management standards and business rules, including by—

        (a)     identifying each heavy vehicle currently being operated in accordance with the management system; and

        (b)     for each heavy vehicle being operated in accordance with the management system, having measures for the following—

              (i)     weighing or otherwise assessing the weight of the vehicle and its load before the vehicle starts a journey, or starts a part of a journey, after the load is increased;

              (ii)     recording each measurement made under subparagraph (i) in a form that allows the record to be readily available for inspection by an approved auditor;

              (iii)     ensuring the vehicle's suspension system accords with the specifications given by its manufacturer or a qualified mechanical engineer; and

        (c)     keeping records relating to the operation of the management system.

"relevant management system" means—

        (a)"     "for maintenance management accreditation—a maintenance management system; or

        (b)     for mass management accreditation—a mass management system; or

        (c)     for BFM accreditation—a BFM fatigue management system; or

        (d)     for AFM accreditation—an AFM fatigue management system.

"relevant standards and business rules" means—

        (a)"     "for maintenance management accreditation—the maintenance management standards and business rules; or

        (b)     for mass management accreditation—the mass management standards and business rules; or

        (c)     for BFM accreditation—the BFM standards and business rules; or

        (d)     for AFM accreditation—the AFM standards and business rules.